Home / Insight / FinTech

FinTech

Local expertise. Global perspective.

Go to International - FinTech Lawyers & Tax Experts in Switzerland

Legal expertise tailored to the needs of the FinTech industry

Our experienced banking & finance lawyers and tax experts guide banks, financial services providers, start-ups, technology companies providers and investors on the various legal issues when implementing FinTech-projects.

CMS is regarded by many companies as their first choice for all legal services related to:

  • Promotion of specific blockchains and/or cryptocurrencies in the realm of foundation or association structures
  • Cryptocurrency exchanges
  • Security token offerings (STOs)
  • Initial coin offerings (ICOs)
  • Crowdfunding platforms
  • Investments in FinTech companies
  • KYC (Know Your Customer)-Outsourcings (White Listing)
  • Distribution of tokenized instruments into Switzerland
  • Licensing procedures and requests for no action-letters
  • Platforms to digitalize debt or equity

It is key for us to keep our clients up to date on all relevant developments. If you are interested in receiving news and events invitations, please subscribe to our newsletter. 

Subscribe to Newsletter
26/07/2021
CMS Video Series | FinTech & Blockchain
In our video series, our CMS lawyers and legal experts will present key topics impacting, innovating and disrupting the Fintech industry. Episode #11 | Exemptions from duty to publish a prospectus   ...
12/08/2021
CMS Global Fintech Update - August 2021
Below you will find topics of August 2021 news­let­ter:Fintech in Bel­gi­umFintech in RomaniaFintech in SpainFintech in South AfricaFintech in Switzer­land­Fintech in UkraineFintech in United Kingdom 
01/06/2021
FDI and digital assets
FDI joins competition and regulatory rules as major consideration in digital infrastructure M&A deals With the arrival of Foreign Direct Investment (FDI) regimes, a whole new layer of regulatory concerns is now imposed on investments in the communications sector. These investment review and control systems run unashamedly against the long-prevailing tide of market opening: they represent the clear triumph of security concerns and national interest over principles of free movement of business and capital.  In this way, regulators are increasingly considering communications infrastructure as either:critical national infrastructure, orimportant national assetsThis has led to a parallel chain of approval, which sits alongside any competition process or criteria, although the two tracks may have aspects in common. The FDI approvals are generally carried out by a minister or government department and are more often a political rather than a strictly legal process. This allows a wide range of discretion, as well as less formality. Whilst most regulatory regimes have specified assessment periods, timing can be more uncertain in FDI than merger control processes. In addition, FDI review of these transactions depends on varying definitions of “public interest”, such as public order, national security, protection of individual rights and supply chain reliability. FDI controls often capture agreements, acquisition types and structural mechanisms that may fall outside merger control rules. Furthermore, many FDI regimes apply irrespective of any turnover or other thresholds. National industrial policies have evolved quickly to reflect the growing importance of digital infrastructure and communications in society, and the new methods of working and living that have developed during the epidemic. The protection of digital infrastructure and the security of communications networks are key, for example, to the UK’s new National Security and Investment Act. This includes expansive sectoral definitions and, when it comes into force later in 2021, will require the mandatory notification of (among other deals) a broad array of digital and com­mu­nic­a­tions-re­lated transactions. Other countries such as Germany have for some time considered the operation of IT infrastructure, housing and hosting, content delivery networks and cloud computing services as “sensitive”, requiring mandatory notifications of direct or indirect investments by non-EU/EFTA persons. Since May 2021, foreign investment in companies developing or manufacturing network components also often require notification. These considerations interact in a complex way with new investment models for digital infrastructure. Earlier models, such as the national cham­pi­on/dom­in­ant operator/single network communications paradigm, have evolved into a broader ecosystem. Now, there are almost always multiple stakeholders, both at the network and services level - including service providers, network owners and operators (mobile and fixed) - as well as “over the top” players that use telecom networks to deliver communications and related services. What’s more, a new range of funders and lenders has emerged, providing “neutral host in­fra­struc­ture” that make networks available on a “connectivity as a service” basis. This can further complicate regulators’ ability to gauge the potential impact of M&A on domestic infrastructure and services. With FDI considerations increasingly impacting communications deals, national and regional regulators will need to update their models and guidelines in order to reflect the wider range and greater number of infrastructure and service providers.

Our Full-Service Approach

Our lawyers in Zurich and Geneva specialise in areas including:

  • Banking law and regulation
  • IT and data protection law
  • Tax law
  • Compliance
  • Corporate & M&A

Where needed, our full-service approach enables us to add lawyers and industry experts from other disciplines to our FinTech team on a case-by-case basis. 

The FinTech industry is global – just like our services

CMS advises FinTech companies both within Switzerland and internationally. If specific knowledge of a different jurisdiction is required, we bring in FinTech specialists from our CMS offices worldwide. With 5,000+ lawyers worldwide in more than 40 countries  we are able to rollout your global project.

Contact Our FinTech Experts

Whether you are developing your own FinTech business, nurturing or investing in the field, we are at your disposal if you require legal advice. Feel free to reach out, even if only for a first informal chat.

Send a Contact Request

Explore more

FinTech Lawyers & Tax Experts in Switzerland
Contact our team

Feed

22/12/2023
Switzerland's FINMA publishes guidance on staking
On 20 December 2023, the Federal Financial Market Supervisory Authority (FINMA) published its Guidance on staking (Guidance), which contains a description of various types of staking, and includes the...
20/04/2023
Tokenized Assets Roundtable Vol. 4
For the fourth time, CMS is organizing a Tokenized Assets Roundtable, covering the developments and opportunities in the crypto and Blockchain industry, despite the current "crypto winter". The event...
06/07/2022
Tokenized Assets Roundtable Vol. 3
For the third time, CMS organizes a Tokenized Assets Roundtable, covering hot topics in the crypto and token space, such as DeFi, derivatives and NFTs. After a virtual event last year, we look forward...
05/08/2021
CMS Global Fintech Update
The legal framework in the fintech industry is changing very quickly and sometimes varies greatly from jurisdiction to jurisdiction. Our global update, will give you an overview of the latest changes and topics we have been dealing with in Europe, Africa and Latin America region. This will give you an at a glance summary of a number of articles that we have produced on a local basis. For a more in-depth analysis or for any questions, please reach out to your usual CMS contact or listed in this update Fintech experts.